1778-02-03 (static/transcriptions/1778/02/005.jpg)

1778. 1 Term. [Tuesday] Feb 3d.

About twenty minutes after Eleven my brother Chambers came, and then Mr. Lawrence moved to make absolute the rule obtain’d to take bail in the action of Trespass by Nauderah Begum against Bahaudur Baig & al for two of the Defendants only, and that on giving bail above for those two, the names of the other two Defendants should be stricken out of the bail-bond.
The order for bail which was as our Charter requires, for an enormous personal wrong was in Four hundred Thousand Rupees, and was made by my brother Chambers, and therefore I [the] rather thought we ought to stay for my brother Chambers coming into Court, beside that, I expected Impey and I should differ on what ought to be done, and as I conceive the Casting Voice is only an expedient to avoid a Judgment being suspended when there is an unavoidable and permanent equal division of the Court, and ought not to be used, when there are three Judges, on an accidental equal division on any question, or act to be done, but that the business ought to be deferr’d untill
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